IC Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 24464-24465 [05-9169]

Download as PDF 24464 Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Notices Traffic Safety Administration, Office of Research and Technology (NTI–131), 202–366–6401, 400 Seventh Street, SW., Room 5119, Washington, DC 20590. SUPPLEMENTARY INFORMATION: BILLING CODE 4910–59–P National Highway Traffic Safety Administration Title: Increasing Safety Belt Use Among Children Ages 8–15. OMB Number: 2127–New. Type of Request: New information collection requirement. Abstract: Little is currently known about the context of safety belt use and non-use by 8–15 year olds. This study will gather information on attitudes, knowledge, and behavior related to safety belts among children in that age range in order to determine strategies for increasing child safety belt use. There will be 27 in-home immersion interviews with families having one or more children age 8–15 (an average of 3.5 interviews per family). In-home immersions are interviews in which researchers visit respondents’ homes and have an opportunity to speak with multiple members of the household and to observe how their interactions and environment may either motivate or serve as barriers to eliciting desired behaviors. Each of the 27 immersion sessions will last approximately two hours. Information derived from the immersion interviews will be used to develop intervention or program concepts/ideas that will be tested with children in 96 triad interviews. Each triad will be composed of three children of the same sex, race/ethnicity, and approximate age. Each of the 96 triads will last approximately 75 minutes. Affected Public: Children age 8–15 and their parents or guardians, from among the general public, who volunteer to participate in the study. Estimated Total Annual Burden: 549 hours. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A Comment to OMB is most effective if OMB receives it within 30 days of publication. VerDate jul<14>2003 17:20 May 06, 2005 Jkt 205001 Issued on: May 4, 2005. Marilena Amoni, Associate Administrator, Program Development and Delivery. [FR Doc. 05–9205 Filed 5–6–05; 8:45 am] DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20545; Notice 2] IC Corporation, Grant of Petition for Decision of Inconsequential Noncompliance IC Corporation (IC) has determined that certain school buses that it manufactured in 2001 through 2004 do not comply with S5.2.3.2(a)(4) of 49 CFR 571.217, Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ‘‘Bus emergency exits and window retention and release.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), IC has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on March 23, 2005, in the Federal Register (70 FR 14748). NHTSA received no comments. Affected are a total of approximately 40 school buses manufactured from August 15, 2001 to September 29, 2004. S5.2.3.2(a)(4) of FMVSS No. 217 states ‘‘No two side emergency exit doors shall be located, in whole or in part, within the same post and roof bow panel space.’’ The noncompliant vehicles have two side emergency exit doors located opposite each other within the same post and roof bow panel space. IC believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. IC states that NHTSA’s main purpose in updating FMVSS No. 217 was, to ensure that emergency exit capability would be proportional to the maximum occupant capacity; to improve access to side emergency doors; to improve visibility of exits; and to facilitate the exiting of occupants from a bus after an accident * * *. None of these primary objectives were compromised on the 40 units covered by this petition. IC states that it reviewed comments in response to the NPRM to update FMVSS No. 217 and determined that they * * * were related to the fatigue strength of a bus body of this configuration. IC Corporation was unable to find comments PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 relating to the safe exit of occupants in the event of an accident as a result of this door arrangement. Based on this background, IC Corporation presents arguments for consideration regarding both the structural and safety aspects of the rule. Finally, we present bus customer feedback based on interviews conducted with some of the bus customers affected by this non-compliance. IC further states that it is ‘‘not aware of any research that indicates that emergency exits should not be located across from each other for safety of egress reasons alone.’’ IC say it believes the requirement for two exit doors located across from each other in the same post and roof bow appears ‘‘to all be related to the issue of the structural integrity of a bus body of this configuration.’’ IC indicates that it ‘‘has no reports of any failures of panels or the structure in the area of the left or right emergency doors’’ of the noncompliant vehicles. Nor has IC received failure reports of panels or the structure for two other types of buses it manufactures. It describes these two other types of buses. One is ‘‘commercial buses with a passenger door centered on the right side of the bus and large double bow windows on the left side within the same post and roof bow panel space.’’ Another is buses with ‘‘the combination of a left side emergency door on the left side and a wheelchair door on the right side within the same post and roof bow panel space.’’ IC further asserts that ‘‘NHTSA does not restrict other combinations of doors and windows within the same roof bow space.’’ IC states that it will extend to the owners of the noncompliant vehicles a 15-year warranty for any structural or panel failures related to the location of the doors, so that ‘‘corrections could be made long before any possible fatigue problems * * * progress into major structural issues.’’ The Agency agrees with IC that in this case the noncompliance does not compromise safety in terms of emergency exit capability in proportion to maximum occupant capacity, access to side emergency doors, visibility of the exits, or the ability of bus occupants to exit after an accident. IC has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, IC’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Notices Authority: (49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Interested persons may attend and present oral or written statements to the Committee. For additional information regarding the meetings, please contact Mr. Jay Halpern, Designated Federal Officer, (00CARES), 810 Vermont Avenue, NW., Washington, DC 20024 by phone at (202) 273–5994, or by e-mail at jay.halpern@hq.med.va.gov. Issued on: April 29, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–9169 Filed 5–6–05; 8:45 am] BILLING CODE 4910–59–P Dated: May 3, 2005. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 05–9236 Filed 5–6–05; 8:45 am] DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on CARES Business Plan Studies; Amended Notice of Meeting BILLING CODE 8320–01–M The Department of Veterans Affairs (VA) gives notice under the Public Law 92–463 (Federal Advisory Committee Act) that the Advisory Committee on CARES Business Plan Studies meeting on Wednesday, May 18, 2005, will be held at Howard College, Dorothy Garrett Coliseum, 1001 Birdwell Lane, Big Spring, Texas 79720, from 8 a.m. until 4 p.m. The meeting is open to the public. The purpose of the Committee is to provide advice to the Secretary of Veterans Affairs on proposed business plans at those VA facility sites identified in May 2004 as requiring further study by the Capital Asset Realignment for Enhanced Services (CARES) Decision document. The agenda at each meeting will include presentations on objectives of the CARES project and the project’s timeframes. Additional presentations will focus on the VA-selected contractor’s methodology and tools to develop business plan options, as well as the methodology for gathering and evaluating stakeholder input. The agenda will also accommodate public commentary on site-specific issues. VerDate jul<14>2003 17:20 May 06, 2005 Jkt 205001 DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Cemeteries and Memorials; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under Public Law 92– 463 (Federal Advisory Committee Act) that a meeting of the Advisory Committee on Cemeteries and Memorials will be held June 15–16, 2005, in the Soulard Room (banquet level) at the Millennium Hotel, 200 South 4th Street, St. Louis, MO. On June 15, 2005, the meeting will begin at 8:30 a.m. and conclude at approximately 4:30 p.m. On June 16, 2005, the meeting will begin at 8 a.m. and conclude at approximately 3:15 p.m. The meeting is open to the public. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of national cemeteries, soldiers’ lots and plots, the selection of new national cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee will make PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 24465 recommendations to the Secretary regarding these activities. On June 15, 2005, the Committee will receive updates on National Cemetery Administration (NCA) issues and view Annual Training Conference classes on community volunteer opportunities, headstone and marker repair and inscription policy. In the afternoon, the Committee will tour Jefferson Barracks National Cemetery and observe cemetery operation demonstrations. On June 16, 2005, the Committee will reconvene for the following: Visit Jefferson Barracks National Cemetery and observe additional cemetery operations; tour NCA’s National Training Center; and conclude with the business session, discussions of any unfinished business, and recommendations for future programs, meeting sites, and agenda topics. Time will not be allocated for receiving oral presentations from the public. Any member of the public wishing to attend the meeting should contact Mr. Timothy Boulay, Designated Federal Officer, at (202) 273–5204. The Committee will accept written comments. Comments may be transmitted electronically to the Committee at Timothy.Boulay@mail.va.gov or mailed to the National Cemetery Administration (41C2), 810 Vermont Avenue, NW., Washington, DC 20420. In the public’s communications with the Committee, the writers must identify themselves and state the organizations, associations, or persons they represent. Dated: April 29, 2005. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 05–9235 Filed 5–6–05; 8:45 am] BILLING CODE 8320–01–M E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Notices]
[Pages 24464-24465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9169]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20545; Notice 2]


IC Corporation, Grant of Petition for Decision of Inconsequential 
Noncompliance

    IC Corporation (IC) has determined that certain school buses that 
it manufactured in 2001 through 2004 do not comply with S5.2.3.2(a)(4) 
of 49 CFR 571.217, Federal Motor Vehicle Safety Standard (FMVSS) No. 
217, ``Bus emergency exits and window retention and release.'' Pursuant 
to 49 U.S.C. 30118(d) and 30120(h), IC has petitioned for a 
determination that this noncompliance is inconsequential to motor 
vehicle safety and has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.'' Notice of receipt of a 
petition was published, with a 30-day comment period, on March 23, 
2005, in the Federal Register (70 FR 14748). NHTSA received no 
comments.
    Affected are a total of approximately 40 school buses manufactured 
from August 15, 2001 to September 29, 2004. S5.2.3.2(a)(4) of FMVSS No. 
217 states ``No two side emergency exit doors shall be located, in 
whole or in part, within the same post and roof bow panel space.'' The 
noncompliant vehicles have two side emergency exit doors located 
opposite each other within the same post and roof bow panel space.
    IC believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. IC states 
that NHTSA's main purpose in updating FMVSS No. 217 was,

to ensure that emergency exit capability would be proportional to 
the maximum occupant capacity; to improve access to side emergency 
doors; to improve visibility of exits; and to facilitate the exiting 
of occupants from a bus after an accident * * *. None of these 
primary objectives were compromised on the 40 units covered by this 
petition.

IC states that it reviewed comments in response to the NPRM to update 
FMVSS No. 217 and determined that they

* * * were related to the fatigue strength of a bus body of this 
configuration. IC Corporation was unable to find comments relating 
to the safe exit of occupants in the event of an accident as a 
result of this door arrangement. Based on this background, IC 
Corporation presents arguments for consideration regarding both the 
structural and safety aspects of the rule. Finally, we present bus 
customer feedback based on interviews conducted with some of the bus 
customers affected by this non-compliance.

    IC further states that it is ``not aware of any research that 
indicates that emergency exits should not be located across from each 
other for safety of egress reasons alone.'' IC say it believes the 
requirement for two exit doors located across from each other in the 
same post and roof bow appears ``to all be related to the issue of the 
structural integrity of a bus body of this configuration.''
    IC indicates that it ``has no reports of any failures of panels or 
the structure in the area of the left or right emergency doors'' of the 
noncompliant vehicles. Nor has IC received failure reports of panels or 
the structure for two other types of buses it manufactures. It 
describes these two other types of buses. One is ``commercial buses 
with a passenger door centered on the right side of the bus and large 
double bow windows on the left side within the same post and roof bow 
panel space.'' Another is buses with ``the combination of a left side 
emergency door on the left side and a wheelchair door on the right side 
within the same post and roof bow panel space.'' IC further asserts 
that ``NHTSA does not restrict other combinations of doors and windows 
within the same roof bow space.''
    IC states that it will extend to the owners of the noncompliant 
vehicles a 15-year warranty for any structural or panel failures 
related to the location of the doors, so that ``corrections could be 
made long before any possible fatigue problems * * * progress into 
major structural issues.''
    The Agency agrees with IC that in this case the noncompliance does 
not compromise safety in terms of emergency exit capability in 
proportion to maximum occupant capacity, access to side emergency 
doors, visibility of the exits, or the ability of bus occupants to exit 
after an accident. IC has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, IC's 
petition is granted and the petitioner is exempted from the obligation 
of providing notification of, and a remedy for, the noncompliance.


[[Page 24465]]


    Authority: (49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: April 29, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-9169 Filed 5-6-05; 8:45 am]
BILLING CODE 4910-59-P